Planning for Marijuana: The Cannabis Conundrum

Abstract

Problem, research strategy, and findings: Twenty-three states and Washington, DC, have legalized medical marijuana, raising difficult land use questions for planners regarding allowable locations, buffering from sensitive uses, and distribution of facilities. We know little about how local jurisdictions regulate medical marijuana dispensary (MMD) location and operation and how equitably different regulatory models distribute these facilities. We begin with an overview of MMD impacts related to crime, property values, and quality of life. We then review emerging local regulation of MMDs with a particular emphasis on land use controls, and find that most authorities regulate MMD location like they do other locally unwanted land uses (LULUs) such as sex-oriented businesses and liquor stores. Given a history of siting LULUs in less-affluent neighborhoods and communities of color, we conduct a case study of Denver and show that four common regulatory models concentrate land that permits MMDs in socioeconomically disadvantaged tracts and areas with high proportions of persons of color.Takeaway for practice: Local planners are often caught unprepared for the land use implications of medical marijuana legalization. This outline of common land use regulatory models and a replicable analytical model help practitioners develop ordinances that square with their own communities’ goals, values, and attributes.